Interpretation ID: nht76-4.3

DATE: 01/15/76

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Burlington Management Service Co.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to Burlington Fleet Service's December 9, 1975, question whether the combination of usable parts from several existing vehicles into one functioning vehicle constitutes the manufacture of a new vehicle subject to applicable motor vehicle safety standards such as Standard No. 121, Air Brake Systems.

The answer to your question is no. For an assembly operation to constitute manufacture, there must be a substantial proportion of new or fundamentally rebuilt parts. In this case, no new parts, other than minor materials such as hoses and gaskets, are involved in the assembly. The NHTSA therefore, does not consider the operation to constitute manufacturing subject to the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1381 et seq.)

YOURS TRULY,

Burlington Fleet Services

December 9, 1975

U. S. Department of Transportation National Highway Traffic Safety Administration

Our organization is dedicated to keeping maintenance records for many fleets throughout the nation and as part of our service, we attempt to keep our customers advised of new government regulations and how these affect their maintenance practices. At this time, we require clarification of one of your new rulings -- namely, that pertaining to rebuilding trucks using new cabs (glider kits).

It is our understanding that when using glider kits, that two of the three power-line components must be from the same vehicle; otherwise the vehicle will be classified as new and require certification under such standards as 121.

My specific question is, what happens in the case of canabalization, that is, where two or more units are disassembled and reassembled as one, or remanufactured to make a 'new' vehicle?

In summary, when a cab, frame rail, and/or front suspension from one unit is used in conjunction with an engine, transmission and drive axle from one or more other units, does this comprise remanufacturing and will the vehicle be required to meet the same specifications as if a glider kit was used?

Today, with many fleets postponing the purchase of new equipment, extending the life of older units through such practices raises many questions, some of which are economical and, in your case, one which is specifically legal. This question is perplexing both for us and many of our fleets, and requires further clarification. Would you please advise this writer as to your ruling?

We would appreciate being on your mailing list for new or proposed rulings in these areas, for we believe that we have much to offer, especially with the large data base we maintain in this area.

J. E. Paquette Director